Griswold And Connecticut Essay, Research Paper

Griswold v. Connecticut appealed to the Supreme Court on errors of the state

court of Connecticut. This case deals with the right to prescribe the use of

birth control to a married female. This action is found unconstitutional under

the state laws, but this law invades a person?s rights under the constitution.

Here the problem evolves and must be decided upon in the courts. The appellant

Griswold is an Executive Director of the Planned Parenthood League of

Connecticut (Janosik, 1035). Appellant Buxton is a licensed physician and a

professor at Yale Medical School who served as Medical Director for the League

at its center in New Haven. This center was opened for ten days in November of

1961, until the appellants were arrested (Rice, 187). The appellants were tried

in the state court and decided that the state laws contradicted several rights

in the constitution. The two Connecticut laws state: ?Any person who uses any

drug, medical article or instrument for the purpose of preventing conception

shall be fined not less than fifty dollars or imprisoned not less than sixty

days nor more than one year or both be fined and imprisoned (Rice, 187).?

?Any person who resist, abets, counsels, causes, hires, or commands another to

commit any offense may be prosecuted and punished as if he were the principal

offender (Rice, 188).? In the Connecticut court decision, the appellants were

found guilty as accessories and fined one hundred dollars each, against the

claim that the accessory ordinance as applied, violated several amendments. The

Connecticut statues forbidding use of contraceptives violates the right of birth

control to married persons which is guaranteed through the Bill of Rights in the

Constitution for American citizens (Rice, 188). The appellants are guaranteed

fundamental rights through the Constitution to prescribe birth control to

married people if they are involved in a legal relationship. Certainly, the

companion in crime should not have worries that he or she will be charged with

assisting in birth control, which is not constitutionally a crime (Janosik,

170-171). This is created by several basic constitutional guarantees. It is the

invasion of his right to personal security, personal liberty, and private

property; therefore, the state laws cannot stand and invade the area of his

protected freedoms (Dye, 506). The Supreme Court?s decision was divided seven

to two. The majority found it unconstitutional due to intruding on the rights of

privacy to marriage. Even though the rights of privacy is not specifically

stated in the Bill of Rights, it is a concept of liberty which is stated in the

First Amendment (Chase, 334). The appellants are also protected with the Due

Process Clause (a law that is a basic principle in the American legal system

that requires fairness in the government?s dealing with people). The Fifth and

Fourteenth amendments protect certain fundamental rights without state or

federal government intervention (Chase, 335). The entire purpose of the

Constitution is to specifically state guarantees of rights to all the people. It

is odd that the Constitution does not include fundamental rights of protection

to privacy of marriage. The Ninth Amendment can pick up and protect issues under

marriage. It also recognizes and protects from abridgment by the government, and

it provides the right of liberty (Rice, 188). The Connecticut birth-control law

trespasses on personal liberty, but the state doesn?t show that the law serves

any single interest which is forcing, or mandatory to succeed in tolerating the

state policy. The state expresses an opinion that there is some relation between

the ordinance and what is a proper subject of the state?s concern. Its purpose

was to discourage extra-marital relationships (Janosik, 1171). Through this,

that banned the use of birth-control devices by married people (Janosik, 1177).

It helps prevent the use of the drug in extra-marital relations. The state

wanted to protect marital faithfulness, but it could have stated the law more

specifically so that it did not force upon the privacy of all married couples

(Rice, 191). Adultery, homosexuality and other sexual intimacies are forbidden

by the state, but the closeness of married couples is essential for the future

to be carried out (Janosik, 1176). The marriage relation is a sacred part of the

American culture: therefore, the state must allow marital privacy in every age.

It must acknowledge a marriage and the personal inherit of it. Connecticut

cannot constitutionally abbreviate the basic right, which is protected by the

Fourteenth Amendment from the intervention by the states (Rice, 188). The

Connecticut anti-contraceptive law forbids all married couples the right to use

birth control devices, regardless if their use is dictated by family planning,

health, or even of life itself. The law even prohibits the right from doctors to

help their patients in their best interest (Rice, 191). As in all cases

everything has two sides. The second side, the dissenting opinion, states there

is liberty, but it is limited to an extent (Rice, 188). They also feel that the

Connecticut statute is unconstitutional on the belief that the law is a good

policy to behold. The persons that are for the state law do believe that doctors

have the right to perform a physical examination to adult females, but advising

them on the type of contraceptive that would be satisfactory for their benefit

is against the law (Janosik, 1170). They feel that stretching the First

Amendment through the Elastic Clause to protect the rights of the defendants is

wrong (Chase, 399). Since the right of privacy in a marriage relationship is not

specifically stated in the constitution then the defendants do not have any

standing. The minority opinions also feel that the word privacy is too broad,

and it could be shortened and easily interpreted. Their feeling of privacy is

important, but the government has all rights to invade it as long as it does not

cross into a specific constitutional guarantee. Therefore, they do not agree

with the court?s decision and reasons it prevails for stating the Connecticut

law unconstitutional (Janosik, 1170). During the Supreme Court?s trial period

they discussed an issue about the right of privacy being constitutional. There

are no laws that put constitutional provisions forbidding any law to neglect the

right of privacy. Respectively, in the constitution there are specific

constitutional provisions which are designed to safeguard certain privacies at

various times and places (Janosik, 1177). Being one of three branches in our

American government system, the Supreme Court, has the power to override federal

and state laws. Yes, this does take away the power from Congress and the states

to make laws they find beneficial (Dye, 497-498). The Supreme Court has used the

Ninth Amendment (which state rights retained by the people) and the Fourteenth

Amendment (citizenship, equal protection of the laws by the states, and due

process of the states) to do away with the laws that violate the fundamental

principles of privacy. At this point in the court system there is no defined way

the court can use to determine each case from being constitutional or

unconstitutional (Chase, 399). The constitution is changed to conform with new

times. It is the court?s duty to take charge and make those changes. The

framers of the constitution knew the need for change and provided for it. It is

changed by amendments through proposals and ratification processes. Many experts

believe the Constitution should be treated as a living, breathing document (Dye,

86)! Anyone who feels that a marriage relationship should be beyond the reach of

a state law forbidding the use of contraceptives also believes that the state

law is unconstitutional too (Rice, 189). In 1965, it was viewed by a poll

showing that forty-six percent of the people in this country thought birth

control should be taught in the schools. The Supreme Court used this proportion

to rely on in declaring that the Connecticut law infringed on their fundamental

rights. When this law was found inappropriate, it went against what the majority

in Connecticut expressed through their representatives (Janosik, 998). In the

course of the Supreme Court?s opinion it refers to six amendments of the

constitution:  First Amendment ? Freedom of Religion, Speech,

Assembly, Press and Petition  Third Amendment ? Quartering of Soldiers

 Fourth Amendment ? Searches and Seizure  Fifth Amendment ?

Grand Juries, Self-Incrimination, Double Jeopardy, Due Process and Eminent

Domain  Ninth Amendment ? Rights Retain by the People 

Fourteenth Amendment ? Citizenship, Due Process and Equal Protection of the

Laws These determined why the Connecticut laws were unconstitutional. However,

the Court does not specifically say which of these Amendments it thinks the

Connecticut laws infringe on (Rice, 190). What provision makes the Connecticut

law invalid under the Constitution? The Supreme Court determined it was the

right of privacy given in the fundamental guarantees of the Constitution to

American citizens (Janosik, 998b). This decision made the Connecticut lawmakers

pass a bill repealing the birth control statute. The Supreme Court does not

specify state to what extent the constitutional right of privacy should extend

to (Janosik, 1766). Since 1879, Connecticut has had a law, which prevented the

use of any type of contraceptives. I believe the use of contraceptives in a

marital relationship should be a personal and private choice. Every person has

the right of privacy to choose what benefits him or her most. Since there is a

large variation of individual morals, ethical and religious backgrounds,

everyone is entitled to their own opinion. The methods of contraceptives should

be readily available to all adults, so that an individual or private choice can

be made. The Supreme Court ruling was an excellent decision on letting

contraceptives become a private choice in an honest marital situation.

536

Chase, Harold W. ?Griswold v. Connecticut.? West?s Encyclopedia of

American Law. Vol. 7. Minnesota: West Group, 1998. Dye, Thomas R. Politics in

America. New Jersey: Prentice Hall, 1997. Janosik, Robert J. ?Griswold v.

Connecticut.? Encyclopedia of the American Judicial System. Vol. III and I.

New York: Charles Scribner?s Sons, 1987. Rice, Arnold S. The Warren Court,

1954-1969: ?Griswold v. Connecticut.? Vol. 8. Connecticut: Grolier

Educational Corp., 1995.